IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023873 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 May 2007 to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Overseas Service Ribbon (OSR).

2.  Additionally he requests that his DD Form 214 dated 31 May 2010 be corrected to show he was commissioned through a service academy, award of the GWOTEM, and Oregon Army National Guard Superior Unit Award.

3.  The applicant states:

   a.  He graduated from West Point in 2002.  However, item 15a (Commissioned through Service Academy) of his 31 May 2010 DD Form 214 is marked "NO." 

   b.  He served in Iraq from 1 June 2004 to 31 May 2005 and was awarded the Iraq Campaign Medal (ICM) for this service.  His dates of deployment qualified him for the GWOTEM and he prefers the GWOTEM in lieu of the ICM.  He adds this overseas service also qualified him for the OSR (1st Award).

   c.  He served in Iraq from 10 July 2009 to 13 April 2010 and he was awarded the ICM with three (campaign) bronze service stars.  Thus, this is the basis for his preference for the GWOTEM in lieu of the ICM for his first tour of duty in Iraq.
   d.  His unit was awarded the Oregon Army National Guard Superior Unit Award on 24 July 2008.  However, he is not certain if the unit award is authorized on his DD Form 214.

4.  The applicant provides copies of DD Forms 214, dated 31 May 2007 and 
31 May 2010; an academic record; a unit award order; and a unit manning report.

CONSIDERATION OF EVIDENCE:

1.  The applicant's Officer Record Brief shows in section III (Service Data) that the source of his appointment was the United States Military Academy.  Section VII (Civilian Education) shows he received a Bachelor of Science Degree from the United States Military Academy, West Point, NY, in 2002.

2.  A DA Form 71 (Oath of Office - Military Personnel) shows the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant at West Point, NY, on 1 June 2002.

3.  The applicant was promoted to captain (O-3) on 1 September 2005.

4.  A DD Form 214 shows the applicant entered active duty this period on 1 June 2002, was honorably released from active duty on 31 May 2007, and transferred to a U.S. Army Reserve (USAR) Troop Program Unit (TPU) to complete his Reserve obligation.  He had completed 5 years of net active service:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Combat Action Badge, and Parachutist Badge.

   b.  Item 18 (Remarks) shows he served in Iraq from 1 June 2004 to 31 May 2005.

5.  A second DD Form 214 shows the applicant entered active duty this period on 2 May 2009 and was honorably released from active duty on 31 May 2010.  He had completed 1 year and 29 days of net active service this period:

	a.  Item 13, with continuation in item 18, shows the Iraq Campaign Medal with three campaign [bronze service] stars, Army Commendation Medal (2nd Award), Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon
(2nd Award), Armed Forces Reserve Medal with "M" [Mobilization] Device, Parachutist Badge, and Combat Action Badge.
	b.  Item 15a shows an "X" in the "No" block; and

   c.  Item 18 shows he served in Iraq from 10 July 2009 to 13 April 2010.

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the GWOTEM.

7.  In support of his application, the applicant provides the following documents:

   a.  A copy of his United States Military Academy, West Point, NY, Academic Record, dated 4 April 2003, that shows the applicant graduated on 1 June 2002 with a Bachelor of Science Degree in Mechanical Engineering.

   b.  Headquarters, Oregon National Guard, Salem, OR, Permanent Orders 206-002, dated 24 July 2008, that awarded Headquarters and Headquarters Company, 1249th Engineer Battalion, the Oregon Army National Guard Superior Unit Award for superior unit performance from 1 October 2006 to 30 September 2007.

   c.  Headquarters and Headquarters Company, 1249th Engineer Battalion, Unit Manning Report, dated 30 September 2007, that shows the applicant was assigned to the unit as the Engineer Staff Officer (Tactical).

8.  A review of the applicant's military records reveals he may be authorized an additional award that is not shown on his 31 May 2010 DD Form 214.  An Oregon Military Department, 234th Engineer (Minus) (Rear), Warrenton, Oregon, memorandum, dated 26 April 2008, awarded the applicant the Army Reserve Components Overseas Training Ribbon for service in the Joint Multinational Readiness Center, Hohenfels, Germany, from 5 through 26 April 2008.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM:

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or
60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and Operation Iraqi Freedom (OIF) in specific designated geographic AOEs, which included Iraq between
19 March 2003 and 28 February 2005.

   b.  The ICM is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.
   
	    (1)  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  It shows that during the applicant's period of service in Iraq, he served in the following campaigns:

* Transition of Iraq  (2 May 2003 - 28 June 2004)
* Iraqi Governance  (29 June 2004 - 15 December 2005)
* Iraqi Sovereignty  (1 January 2009 - date to be determined)

       (2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  

       (3)  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

	c.  The OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	d.  The Military Awards regulation does not list the Oregon Army National Guard Superior Unit Award as an authorized United States unit award.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4, contains item-by-item instructions for completing the DD Form 214:

   a.  Item 13 states list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

   b.  Item 15a states "self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 31 May 2007 DD Form 214 should be corrected to show award of the GWOTEM and OSR, and his 31 May 2010
DD Form 214 should be corrected to show he was commissioned through a service academy and award of the GWOTEM and Oregon Army National Guard Superior Unit Award.

2.  The evidence of record shows the applicant's unit was awarded the Oregon Army National Guard Superior Unit Award; however, State unit awards are not authorized for entry on the DD Form 214.

3.  Records show the applicant:
   a.  graduated from the United States Military Academy, West Point, NY, and he was commissioned on 1 June 2002;
   b.  served in Iraq from 1 June 2004 to 31 May 2005 and he:
       (1)  qualified for the GWOTEM and was awarded the ICM; however, there is no evidence the applicant indicated he preferred the ICM in lieu of the GWOTEM;
       (2)  qualified for the first award of the OSR based on his 12-month tour of duty in Iraq; and
   c.  was awarded the Army Reserve Components Overseas Training Ribbon for the period 5 through 26 April 2008.

4.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Forms 214 to show his authorized awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 13 of his 31 May 2007 DD Form 214 the "IRAQ CAMPAIGN MEDAL" and adding the "Global War on Terrorism Expeditionary Medal and Overseas Service Ribbon";

   b.  adding to 13 of his 31 May 2010 DD Form 214 the "Global War on Terrorism Expeditionary Medal and Army Reserve Components Overseas Training Ribbon"; and
   
   c.  deleting from item 15a of his 31 May 2010 DD Form 214 the "X" in the "No" block and adding an "X" in the "Yes" block.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Oregon Army National Guard Superior Unit Award.



      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100023873



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ABCMR Record of Proceedings (cont)                                         AR20100023873



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